Terms of Service
TERMS OF SERVICE
Last updated: 21 August 2026
OVERVIEW
By Dr Terry Ann is a trading brand operated by DRULEF RETAIL CC, a close corporation incorporated in the Republic of South Africa ("By Dr Terry Ann", "we", "us" or "our"). We operate the online store and website at www.bydrterryann.co.za, together with the related content, features, products and services made available through it (collectively, the "Services"). Our online store is powered by Shopify.
These Terms of Service ("Terms"), together with the policies referred to in them, govern your use of the Services and the purchase of products from us. They explain the rights and responsibilities that apply when you browse the website, create an account, communicate with us or place an order.
Please read these Terms carefully before using the Services or placing an order. When you place an order or otherwise enter into a transaction with us, you agree to the Terms that apply to that transaction. Your use of the website is also subject to the applicable provisions of these Terms and our Privacy Policy.
IMPORTANT: Nothing in these Terms excludes, restricts or waives any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") or any other applicable law.
SECTION 1 - ACCESS, ELIGIBILITY AND ACCOUNTS
You may use the Services only for lawful purposes. If you are under 18 years of age, you may use the Services or place an order only with the involvement and consent of a parent or legal guardian, to the extent required by applicable law.
When you use the Services or place an order, you may be asked to provide information such as your name, email address, billing and delivery details and payment information. You must provide information that is accurate, current and complete and that you are entitled to provide.
If you create an account, you are responsible for keeping your login details confidential and for activity carried out through your account, except to the extent that the activity results from our failure to take reasonable security measures. You may not sell, transfer or assign your account to another person without our prior written consent.
SECTION 2 - OUR PRODUCTS AND PRODUCT INFORMATION
We take reasonable care to describe and display our products accurately. Product photographs, packaging, colours and other visual details may appear slightly different on different devices or may change when packaging or labels are updated, provided that any product supplied will comply with applicable law and the material description of the product at the time of purchase.
Product descriptions, formulations, pack sizes, availability and other product information may be updated from time to time. We may discontinue a product or limit quantities where reasonably necessary, subject to accepted orders and applicable consumer law.
Nothing in these Terms limits your statutory rights to receive goods that are safe, of good quality, in good working order where applicable, free of defects and reasonably suitable for their intended purpose, or any statutory warranty or remedy available under applicable law.
SECTION 3 - ORDERS AND CONTRACT FORMATION
When you submit an order, you are making an offer to purchase the selected products on these Terms. An automated order acknowledgement confirms that we have received your order, but does not necessarily mean that we have accepted it.
We may accept an order by sending an express acceptance or dispatch confirmation, or by otherwise fulfilling the order. We may decline or cancel an order before acceptance for a legitimate reason, including product unavailability, an obvious pricing or description error, suspected fraud, payment failure, legal or regulatory restrictions, or delivery limitations.
If we decline or cancel an order after taking payment, we will refund the amount due to you in accordance with applicable law. If a product becomes unavailable after you order it, we will notify you and provide the appropriate refund or other remedy required by law.
Please review your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible. We will try to accommodate the request where reasonably possible, but this may not be possible once fulfilment has started or the order has been dispatched.
Returns, exchanges, cancellations and refunds are governed by our Returns & Refunds Policy and your rights under applicable consumer law. View our Returns & Refunds Policy.
Unless we expressly agree otherwise, products purchased through the retail store are intended for personal or household use and not for unauthorised commercial resale or export.
SECTION 4 - PRICES, PAYMENT AND BILLING
Prices displayed on our South African store are stated in South African rand (ZAR). Where we are required to charge VAT, advertised prices include VAT in accordance with applicable law. Delivery charges and any other applicable charges will be shown separately before you complete checkout.
Prices, promotions and discounts may change from time to time. The price applicable to your order will normally be the price displayed when you submit the order, subject to the correction of obvious errors and your rights under applicable law.
Promotions may be subject to separate terms, eligibility criteria, stock availability and validity periods. If specific promotion terms conflict with these Terms, the specific promotion terms will apply to that promotion to the extent of the conflict.
You must provide accurate and complete billing and payment information and be authorised to use the payment method selected. Payments are processed through Shopify and/or third-party payment service providers. We do not necessarily receive or store your full payment-card details.
SECTION 5 - SHIPPING AND DELIVERY
Delivery timeframes shown on the website or at checkout are estimates unless we expressly state that a delivery date is guaranteed. We will take reasonable steps to fulfil and dispatch accepted orders within the timeframe stated for the order and, where ECTA applies, within the period required by law unless another period has been agreed with you.
Delays may occur because of courier disruption, severe weather, strikes, supply interruptions, regulatory action or other circumstances outside our reasonable control. If a material delay occurs, we will take reasonable steps to keep you informed and to resolve the delivery. Nothing in this clause limits a cancellation, refund or other remedy available to you under applicable law.
Where applicable consumer law provides that goods remain at the supplier's risk until accepted delivery, risk will remain with us until the goods have been delivered to and accepted by you or a person authorised by you to receive them. If a parcel is lost or materially damaged before accepted delivery, please contact us promptly so that we can investigate and provide the appropriate remedy.
You are responsible for providing a complete and accurate delivery address and for ensuring that an authorised person is available to receive the parcel where required. Additional costs reasonably incurred because of an incorrect address or repeated failed delivery caused by circumstances within your control may be charged where permitted by law and disclosed to you.
SECTION 6 - INTELLECTUAL PROPERTY
The Services and their content, including trademarks, brand names, logos, text, product descriptions, graphics, photographs, videos, audio, website design and arrangement, are owned by or licensed to By Dr Terry Ann, its affiliates, licensors or other rights holders and are protected by applicable South African and international intellectual property laws.
You may access and use the Services for your personal, non-commercial use. Except where permitted by law or with our prior written permission, you may not reproduce, modify, distribute, republish, sell, exploit, publicly display, transmit or create derivative works from material contained in the Services.
Nothing in these Terms grants you ownership of or a licence to use any trademark, logo, trade name or other intellectual property except for the limited right to use the Services as expressly permitted by these Terms. Shopify's names, logos and trademarks belong to Shopify or its licensors. Other third-party marks belong to their respective owners.
SECTION 7 - OPTIONAL AND THIRD-PARTY TOOLS
The Services may provide access to tools, integrations or functionality supplied by third parties over which we have no control or input. Those tools may be subject to the third party's own terms and privacy practices.
To the fullest extent permitted by applicable law, optional third-party tools are made available without any separate warranty or endorsement from us. You should review the applicable third-party terms before using them. We are not responsible for the acts or omissions of an independent third-party provider except where applicable law provides otherwise.
New features, tools or resources that we add to the Services may also be subject to these Terms and any additional terms presented at the time of use.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to, or embedded functionality from, websites and services operated by third parties. We do not control those third parties and are not responsible for their content, availability, accuracy, privacy practices or terms.
If you access or transact with a third-party service, you do so subject to that third party's terms and applicable law. Complaints or questions about a third party's own products or services should generally be directed to that third party. This does not exclude any liability that we may have under applicable law for services or representations made by us.
SECTION 9 - OUR RELATIONSHIP WITH SHOPIFY
Our online store is hosted on Shopify, which provides the ecommerce platform and related technology that enable us to offer the Services. Products sold through our store are sold by By Dr Terry Ann / DRULEF RETAIL CC, not by Shopify, unless a particular product or service expressly states otherwise.
Shopify is not responsible for our product descriptions, fulfilment, customer service or the performance of our obligations as the seller. To the fullest extent permitted by applicable law, claims relating to a purchase from our store should therefore be directed to us in the first instance. Nothing in these Terms excludes any right or claim against Shopify that cannot lawfully be excluded.
SECTION 10 - PRIVACY
Our collection and processing of personal information through the Services is governed by our Privacy Policy. Because the Services are hosted by Shopify, Shopify also processes certain information in connection with your access to and use of Shopify-powered services.
For information about Shopify's processing of consumer personal information, see the Shopify Consumer Privacy Policy and Shopify Privacy Portal.
SECTION 11 - REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily submit a review, comment, suggestion, photograph, testimonial, idea or other content to us ("Feedback"), you retain any ownership rights you may have in that Feedback. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish, display and distribute the Feedback for operating, improving and promoting our business and Services, in any medium, subject to applicable privacy, advertising and consumer law.
You confirm that you own the Feedback or have the necessary rights to submit it, that it is accurate to the best of your knowledge, that you have disclosed any material incentive or compensation connected with it, and that it does not infringe another person's rights or contain unlawful, defamatory, abusive, obscene, deceptive or malicious material.
We may moderate, refuse, remove or edit Feedback where reasonably necessary for legal, security, quality or platform-policy reasons. We are not obliged to compensate you for unsolicited Feedback unless we expressly agree otherwise.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Despite reasonable care, the Services may occasionally contain typographical errors, incorrect availability information, pricing errors or other inaccuracies. Subject to applicable consumer law, we may correct an error, update information or, where necessary, decline or cancel an affected order.
If an accepted order is affected by an error that materially changes what you agreed to purchase, we will contact you and provide any cancellation, refund or other remedy required by applicable law.
SECTION 13 - PROHIBITED USES
You may not use the Services, directly or indirectly:
• for an unlawful, fraudulent or malicious purpose, or in breach of applicable law;
• to infringe our intellectual property rights or the rights of another person;
• to harass, threaten, abuse, defame, discriminate against or unlawfully harm another person;
• to submit false, deceptive or misleading information;
• to distribute spam, unsolicited bulk communications or malicious advertising;
• to impersonate another person or misrepresent your identity or authority;
• to upload or transmit viruses, malware or other harmful code;
• to collect, scrape or track personal information or website content by unlawful or unauthorised means;
• to interfere with, bypass or test the security or proper operation of the Services without authorisation; or
• to use the Services in a way that materially disrupts another user or exposes us, Shopify or another person to unlawful harm or liability.
We may take reasonable steps to restrict or suspend access where we reasonably believe these rules have been breached or where necessary to protect the Services, our customers or our legal rights.
SECTION 14 - SUSPENSION AND TERMINATION
We may suspend or terminate access to an account or part of the Services where reasonably necessary because of a material breach of these Terms, fraud or suspected fraud, unlawful conduct, a security risk, non-payment or a legal or regulatory requirement.
Termination of website or account access does not cancel rights and obligations that accrued before termination, accepted orders that have not lawfully been cancelled, or any statutory consumer rights. Provisions that by their nature should continue after termination, including intellectual property, privacy, liability, indemnity, governing law and dispute provisions, will survive to the extent permitted by law.
SECTION 15 - WEBSITE INFORMATION AND AVAILABILITY
We take reasonable care to keep the Services accurate and available, but we do not promise that the website will always operate without interruption, delay or technical error. We may temporarily suspend or change website functionality for maintenance, security, upgrades or other legitimate operational reasons.
General content published on the website may be updated over time and is provided for general informational purposes. This clause does not reduce any obligation we have to describe products accurately, honour accepted transactions or provide safe, good-quality goods as required by law.
SECTION 16 - HEALTH AND PRODUCT-USE INFORMATION
IMPORTANT HEALTH INFORMATION: Information on the Services about health, nutrition, wellness, ingredients or products is general information and is not a substitute for individual medical diagnosis, treatment or advice from an appropriately qualified healthcare professional.
Always read and follow the product label, directions for use, dosage instructions, storage requirements and warnings. Do not exceed the recommended use unless advised by an appropriately qualified healthcare professional.
Where relevant to the product and your circumstances, seek professional advice before use if you are pregnant or breastfeeding, are under medical care, have a medical condition, are taking prescription or other medication, have known allergies or sensitivities, are preparing for surgery, or are considering a product for a child.
Stop using a product and obtain appropriate advice if you experience a serious or unexpected adverse reaction. In an emergency, seek urgent medical assistance. Nothing in this section limits any statutory right or any obligation that applies to us, a manufacturer, importer, distributor or other supplier in relation to product safety, quality, warnings or adverse events.
SECTION 17 - LIMITATION OF LIABILITY
IMPORTANT - PLEASE READ THIS SECTION CAREFULLY. This section limits liability only to the extent permitted by applicable law. It does not exclude liability that cannot lawfully be excluded, including liability arising from gross negligence where such exclusion is prohibited, statutory product-liability obligations, or mandatory consumer rights and remedies.
To the fullest extent permitted by law, we will not be liable for indirect, incidental, special or consequential loss that was not reasonably foreseeable as a result of our breach, or for loss caused solely by circumstances outside our reasonable control, except where applicable law provides otherwise.
We are not responsible for loss caused by your misuse of a product contrary to clear instructions or warnings, unauthorised alteration of a product, unlawful use of the Services, or information that you knowingly provide incorrectly, to the extent that the loss is attributable to that conduct and applicable law permits this allocation of responsibility.
Nothing in these Terms limits any remedy available to you under the CPA, ECTA or another applicable law, or any liability that a supplier, producer, importer, distributor or retailer may have in respect of unsafe, defective or hazardous goods.
SECTION 18 - INDEMNITY
IMPORTANT - THIS SECTION MAY REQUIRE YOU TO BEAR RESPONSIBILITY FOR CERTAIN THIRD-PARTY CLAIMS. It applies only to the extent permitted by applicable law.
You agree to indemnify us against a third-party claim, loss or reasonable cost to the extent directly caused by your material breach of these Terms, your unlawful or fraudulent use of the Services, or your infringement of another person's intellectual property or other legal rights.
This indemnity does not apply to the extent that the claim or loss was caused by our own unlawful conduct, breach, negligence or other conduct for which liability cannot lawfully be shifted to you. We will give you reasonable notice of a material claim and will not require you to accept a settlement imposing a non-monetary obligation on you without your consent.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, it will be severed or limited only to the extent necessary, and the remaining provisions will continue in effect. If applicable law requires a provision to be interpreted or modified in order to be enforceable, it will be interpreted or modified to the minimum extent necessary to comply with that law.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with the policies and any specific terms expressly incorporated into a transaction, constitute the agreement between you and us concerning the Services and relevant purchases, subject always to rights and obligations imposed by applicable law.
If there is a conflict between these Terms and a specific written term that applies to a promotion, subscription, product or transaction, the more specific term will apply to that matter, unless doing so would be unlawful.
SECTION 21 - ASSIGNMENT
You may not transfer your material rights or obligations under these Terms to another person without our prior written consent, except where applicable law allows otherwise. We may assign or transfer our rights and obligations as part of a legitimate business reorganisation, sale, merger or transfer of the relevant business, provided that your statutory rights are not reduced as a result.
SECTION 22 - GOVERNING LAW AND DISPUTES
These Terms and transactions with us are governed by the laws of the Republic of South Africa, without excluding any mandatory protection that may apply to you under another law.
Subject to any right you have to approach the National Consumer Commission, a consumer court or tribunal, an ombud, another regulator or any other forum available under applicable law, disputes may be brought before a court of the Republic of South Africa that has jurisdiction.
We encourage you to contact us first if a dispute arises so that we can try to resolve it promptly and fairly.
SECTION 23 - HEADINGS
Headings are included for convenience and do not affect the interpretation of these Terms.
SECTION 24 - CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to the Services, our business practices or legal and regulatory requirements. The current version will be posted on this website with an updated revision date.
Where required by law, we will give appropriate notice of material changes. Changes will not retrospectively remove rights that have already accrued under an accepted transaction unless applicable law permits this.
SECTION 25 - CONTACT AND SUPPLIER INFORMATION
If you have questions about these Terms, an order or the Services, please contact us using the details below. Our customer service team is available Monday to Friday, 9:00 am to 5:00 pm, and we aim to respond to enquiries within 24 hours.
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Trading name |
By Dr Terry Ann |
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Legal entity |
DRULEF RETAIL CC CK2009/153992/23 |
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Legal status / place of registration |
Close corporation incorporated in South Africa |
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Website |
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Physical address |
24 Nellie Rd, Norwood, Johannesburg, 2192, South Africa |